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Currently my father in law is a nursing home, and he is on Medicaid. His stepson who is disabled, and on ssi. When my father in law passes away what will happen to his house?
I have read that the state will take it. But what about his stepson?
And also my father in law has no will. He had stroke about 3 years ago, and he is unable to talk.
Hopefully, someone will have some information. Because we have no idea.

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With no will, your father is ‘intestate’. Each state has rules about who inherits in these circumstances – for example where I am the spouse if alive would get half, and the rest would be divided equally between the children, whether born in or out of wedlock. However it can vary quite a lot, depending on the rules and also on the family circumstances – for example in some places a child or spouse with special needs can request more.

If your father’s estate is substantial (includes a house worth several hundred thousand dollars, not offset by large debts), and/or complex (includes lots of investment properties or shares), it will almost certainly go to court, and you want to reduce court fees if possible.

For myself, I’d see a lawyer in the right state who works in this field, and get an idea of the rules and what is likely. Then I would have a meeting with everyone involved, and try for an agreement that falls within the rules. Getting the agreement in writing and signed would do no harm. Then when necessary, you have the best chance of things working out the best way with the lowest costs.

Good luck!
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skittles1975 Sep 2021
He has about an acre of land and a trailer, so he doesn’t have a lot of assets. This is really the only thing he owns. My mother in law died about 7 years ago. His stepson is 65. Just thought I would add this. Thanks for reading my question.
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Does the step-son currently reside in FIL's trailer home? If so, I don't think Medicaid would force him out, but rules vary by state. If he doesn't live there, you are asking if the step-son could inherit the home? I am doubtful about that. Medicaid doesn't "take" the home, it puts a lien on it which requires payment when the property is sold. To get a completely accurate answer to this question I'd consult with an elder law attorney for his state, or someone from their county Medicaid office.
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Unless your FIL is married his house is an asset and the value of it will have to be spent down and paid to Medicaid.
His son who is disabled will not be able to inherit the place unless his name is on the deed and it has been so for at least five years which is the Medicaid look-back period.
Since his son is on SSI, he will qualify to live in handicapped housing. He will not be allowed to inherit the home and remain in it if it is his father's property though.
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Medicaid never takes homes, they put a lean on it. Your more likely to lose a house to not paying taxes.

A Trailer is so different from a house. The land maybe worth more than the trailer. Now states differ but in my State trailers are like cars. They depreciate every year. Usually in a situation like this Medicaid may allow a disabled child to remain in the home if thats where they are living. But this would be determined after FIL passes. The NH would notify Medicaid of the death and give them information on the person who has been handling the residents affairs. Then a recovery letter is sent to that person. It will ask what assets FIL has and if someone resides on the property. Thats when you tell them a disabled stepson. A lean maybe put on the property that won't need to be satisfied until SSon passes away or leaves the property. Meaning the property will need to be sold unless someone is willing to pay the lean.

If Dad has no Will, then a family member needs to go to Probate to become an Administrator who carries out all the responsibilities of an Executor. Difference...the State determines who inherits. As siblings, you can allow Stepson to live on the property.

There is probably lots more to this but you can't really do anything until FIL passes. Then you can consult a lawyer very well versed in Medicaid.
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BurntCaregiver Sep 2021
The son isn't a disabled child. He is a disabled adult. Granted he will not be put out on the street, but if the father owns a property and is not married, Medicaid will not pay for a care facility for the father so the disabled son can inherit the property.
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Skittles, as Margaret explained, someone who dies w/o a will dies "intestate", and the laws of the state in which he or she resided govern asset distribution.

I did an online search for Mississippi  intestate laws:

http://www.msprobate.com/mississippi/intestate/

This should provide the answers you seek.
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If it is a stepson and not blood relation? The exemptions don’t apply
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